HomeMy WebLinkAboutOrdinances (O-11-1799)-08/04/2011ORDINANCE 0-11-1799
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING Tk1E OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF LOT 2A, BLOCK 1 OF THE MARKET ADDITION, '
LOCATED AT 5003 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL ''~
USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE '
CONSUMPTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning under
Case No. Z11-012; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to enact a new zoning
ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning Commission to
recommend the boundaries of the various original zoning districts and
appropriate regulations be enforced therein and to recommend a new
zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into districts
and has prepared regulations pertaining to such districts in accordance
with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, panic, and other dangers; to promote
health, general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration, among other things, the character of the districts and their
peculiar suitability for particular uses, with a view to conserving the value
of buildings and enco~raging the most appropriate use of land throughout
the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City
of Colleyville City Council, in compiiance with the Charter of the City of
Colleyville, and State Law with reference to changes to zoning
classifications under the Zoning Ordinance Regulations and Zoning Map,
having given the requisite notices by publication and otherwise, and after
holding due hearings and affording a full and fair hearing to all the
property owners generally, and to the persons interested and situated in
Ordinance 0-11-1799
Page 2 of 4
the affected area and in the vicinity thereof, the governing body of the City
of Colleyville is of the opinion that said change in zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance as if copied in
their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning on
Lot 2A, Block 1 of the Market Addition, located at 5003 Colleyville
Boulevard, by authorizing a Special Use Permit for the sale of alcoholic
beverages for on-premise consumption, as depicted on Exhibit "A" and
described in Exhibit "B".
Sec. 3. THAT the above described tract of land shall be used only in the manner
and for the purposes provided by the Comprehensive Zoning Ordinance of
the City of Colleyville as heretofore amended, and as amended herein.
Sec. 4. THAT the above described tract of land shall be subject to the following
conditions:
1. General
a. The Special Use Permit shall apply to the sale of alcoholic beverages
for on-premise consumption in conjunction with a restaurant use only.
b. The name of the business authorized for on-premise alcohol sales by
this Special Use Permit shall be called "NEXT Wood Fired Bistro &
Vino Bar".
c. All buildings located on the subject property shall, at a minimum, meet
a minimum design score of 30 prior to the issuance of the Certificate of
Occupancy for the restaurant.
d. All requirements of the Land Development Code shall be met, except
where amended herein.
e. The Special Use Permit shall automatically expire upon the
abandonment of the business, change in the use, a change in
ownership or upon the expiration or termination of the Certificate of
Occupancy.
Ordinance 0-11-1799
Page 3 of 4
2. Hours of Oaeration
a. The hours of operation shall be as follows:
Monday - Saturday:
Sunday
11:00 a.m. - 2:00 a.m.
11:00 a.m. - 12:00 a.m.
3. LANDSCAPING
a. All landscaping and buffering shall meet the minimum requirements of
Chapter 4-Landscaping and Buffering in the Land Development Code
prior to the issuance of the certificate of occupancy.
Sec. 5. THAT any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for
in the Comprehensive Zoning Ordinance of the City of Colleyville, and
upon conviction shall be punishable by a fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) for each offense.
Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall
not affect the validity of this ordinance as a whole or any portion thereof
other than that portion so decided to be invalid or unconstitutional.
Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
Sec. 8. THAT it has been found that there has been a change in conditions in the
above described property, it is now necessary that it be given the above
zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare, and requires
that this ordinance shall take effect immediately from and after its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the / day of
~. lJ .. 2011.
/ - `J '
The second reading and public hearing being conducted on the~ day of ~
2011.
Ordinance 0-11-1799
Page 4 of 4
ATTE
Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
~
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
~`V~ v'~ ~
Matthew C. G. Boyle
City Attorney
Exhibit "A" - Location and Zoning Map
NORTH
Exhibit "B" - Statement of Planning Objectives
1V~~'T;4Vc~od Fir,~d ~istrr~ ~& Vino ~ar
Flanning t~~jectives
Sp~~ci~l L~se P"~rmit Requ~~c -1Nir~~, Beer & Mixed Beverage Serv~~e~
Anti~ip~ted ~vm~icti~n of rrm~el Au~u~t; 2b11
t{~wnershfp c~f+tl~~e p~pertyy held by~.
Y2~itr~en Pr~apcrties, LLC
4~StTt1 l7~rtmo~rre Las~e
~a~l{~yvill~. TX 7~~~
~pera~~ie~~ of the propee~ty by:
Y2Kitch~n. Ll:~
~Ot?3 Colleyville Blvd. (~o~-r~~c t~f Ct~lley~riit~ ~1r~d 8c ~11d ~lade l2oad)
Cofleyville, T'X 7f~3~
Economie I?cvclopmc~t:
Y2KiCc.hen ~~I~X`~' Wc~od Fired Bistro ~C Vino ~arj i~ localty own~.*+d ~~~3 ap~rated ~y
our twcr owncrs. Ttam & Yira~ Aikcns wMa arrc r~$id~errts af ~all~}nrill~. Th~ ttiusiness
b+~~n iar ~!ctober c~f 2t~t~8. ~+'4~e arc a fut! ser~ric~ cakering bu~irs~s, servi~g the gr~~ter
Cc~ll~~+vi~l~ ~r~a, in~tuctit~g Gr~p~vi~~, ~c~u~hlake, the ~.E.B, ~re~, et+r. ~?urt~rg this time
we have ar~~erat~d from ~~zmrn~rci~E kitachen i~ Gra~ae~?Pirie and a~tr mcaving ~~r
w~rk.~p~~~ ta Cv1l~yville. X2~itchen is a Lirr~ited I~aabitity ~c~r~caratis~n.
N~?~t" 1~1Joc~d Fir~d Bistro & Vino Bar is p~anned as ~ d~s~~n~atic~n sit~e re~tauran~,
dr~win,~ ia~r~rly frorr~ Y~~itct~en's existing client:~l~ in ~rap~vine, Svut~la~e ar~d ~hc
crth~r l~r~al c+~mmunit~~s ir~ ~d~iris~n to our Cc~ll~yrvill~ ~:ust~mer~. Our plan is tr~ a~dd
a net~r ~iimensi~~ tc~ the calila~er and v~ri~ty af F+a~ad ~~f~ned in ~r~ur ~~rr~rnunity. A k~ey
camp~one~t tcs the gr~wth, succ~ss and e~p~nsion c~f our ks~siness is the a~ility tra
~+~r~+e win~, b~~r ~:~d rnix~c~ ~irrnk~ c~r cvrr~pliment vur cu~~ine ts~ th~ ~'amili~s crf m~ar
+~c~mmunity. Tt~is e~ambin~ti~r~ w~ll ~r~h~nce the r~wenue ofi the mperatia~a to the
bene~it o~ the commea n~t}r and ~a~r Ci~r.
~}c~ [~ndscapir~g chan~es anti~ipa~+~d.
5i~nage will all be m~iunted on the bui9~iing's structure.
15t~s ~xter~or Ifg}a~ing c~a~g~~ ant~cipa~e~t,
Utifiti~s will rcrnain uncha~~~et~, ~as. electric, eLc.
~ker tra~f'ic i~pact: antici~aCed